TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00383-CV

In re Howard J. Erlichman

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

M E M O R A N D U M O P I N I O N

                        Relator has filed a petition for writ of mandamus seeking relief from a final judgment of the Justice of the Peace Court, Travis County Precinct Three, and an accompanying motion for temporary relief pending our disposition of the writ of mandamus. See Tex. R. App. P. 52.10. A court of appeals does not have jurisdiction to issue a writ of mandamus against a justice of the peace. See Tex. Gov’t Code Ann. § 22.221 (West 2004); In re Nixon, 2005 Tex. App. LEXIS 2953 (Tex. App.—Dallas April 19, 2005, orig. proceeding); Easton v. Franks, 842 S.W.2d 772, 773 (Tex. App.—Houston [1st Dist.], orig. proceeding). Accordingly, this Court dismisses the petition for writ of mandamus and motion for temporary relief for want of jurisdiction. See Tex. R. App. P. 52.8.

                                                                        W. Kenneth Law, Chief Justice

Before Chief Justice Law, Justices B. A. Smith and Puryear

Filed: June 27, 2005